How can I get my deposit back from my letting agent? We left our property in much better condition than we found it

For the past few months I have been trying to get my deposit back from a previous letting, which my husband and I left in August 2012.

We left the property in a much better condition than we first found it in, but the letting agents told my partner there would be charges taken from the deposit for damage to the skirting boards and getting professional cleaners in.

Caught out: couple struggle to get their deposit back - despite finding mice in the property

When we moved into the property, which was in Scotland, it had not been cleaned at all. In fact, there were painting and decorating leftovers in the bath, the toilet seat had mould growing underneath it, the bins had rubble in them and there was rubbish all around the house.

They paid £85 compensation to us at the time and now claim that, because of this, they do not need to stick to the tenancy agreement where it states that the property is to be left in the same condition as we received it in.

They didn't even stick to the agreement while we were living there. In November 2011, I contacted the agency about a leak coming through the bathroom light. It turned out that there was a hole in the roof, which still had not been fixed when we moved out in August 2012.

To make matters worse, during my pregnancy, there was a dreadful smell coming from the kitchen, which turned out to be decomposing mice in mousetraps behind the skirting boards.

They're charging £125 for the cleaning and a £25 check out fee (which is stated in the agreement so I'm not arguing that one).

I'm not sure the amount they are charging for the skirting boards, even though they must have known they weren't attached to the walls properly, since mousetraps had been put behind them.

I'm just looking for some help and understanding and the best way to go about to get the deposit back - minus the checkout fee. AI

Emily Spaven, of This is Money, replies:I'm sorry to hear you have had such a bad experience with your previous property and letting agents. However, there is a proper channel through which you can challenge the letting agent's proposed deductions.

In July 2012, new schemes were launched in Scotland, requiring all landlords to protect their tenants' deposits.

Either the landlord or letting agent must hand over deposits to an independent third party, known as a tenancy deposit protection scheme.

Gordon MacRae, head of communications and policy at Shelter Scotland, adds: Start by checking the letting agent has definitely registered your deposit – they're required by law to give you the name of the tenancy deposit scheme provider they’ve used. If they haven't given you the name, contact the scheme providers (there are only three) to find out which one your deposit is registered with.

Failure to comply with these statutory obligations can result in court action being taken by the tenant against the landlord, however, this must be done within three months of the date of the end of the tenancy. In this case, that time has expired.

Secondly, however, each scheme is required to have a dispute resolution mechanism in place. If the tenant asks the administrator to refer the matter to dispute resolution, the administrator must do so if satisfied that all other attempts to resolve the matter have been exhausted.

An independent adjudicator is appointed to consider the case and then provide a decision. The adjudicator will provide both the landlord and tenant with an opportunity to set forth their position in writing.

The adjudicator must make a decision within 20 working days of receipt of the referral. The scheme administrator will then return the deposit to either the landlord or the tenant as decided in the adjudication.

ENGLAND AND WALES - WHAT ARE YOUR TENANCY RIGHTS?

Deposit protection

Tenancy Deposit Protection (TDP) means that landlords who collect deposits, or agents who do so on their behalf, must join a statutory scheme to ensure tenants get their deposit, or part of it back, if they have kept a property in good condition.

Disputes over how much should be returned will be mediated by an independent dispute solving service. TDP affects all new assured shorthold tenancies taken out from April 6 2007.

There are three authorised tenancy deposit schemes. Two are insurance based and the third is custodial. All three schemes provide a free dispute resolution service in the event of a dispute about the return of the deposit.

Under all three schemes, the tenant pays the deposit to the landlord or agent in the usual way. Under the insurance-based schemes, the landlord or agent retains the deposit and pays a premium to the insurer. Under the custodial scheme the landlord or agent pays the deposit into the scheme. Within 14 days of receiving a deposit the landlord or agent must give the tenant details about how their deposit is protected.

Your landlord or letting agent should tell you which one they are using.

You can apply to the county court to force your landlord to protect your deposit. If it is shown that your deposit has not been protected the court must order the landlord to repay you three times the deposit.

Rules on repairs

Landlords must by law do repairs to keep the building in good condition, keep gas, electricity, heating and water equipment up to scratch and do other agreed work. Landlords must have a valid gas safety certificate for every gas appliance and furniture should be fire resistant.

Tenants are responsible for looking after their home, which includes keeping it clean, and simple tasks such as changing bulbs and fuses. If repairs need to be done, tenants should inform the landlord. If the landlord refuses to do them it may be possible to force them to.

Read more about tenancy rights in the UK using This is Money's guidehere.